When someone is injured due to the negligence of others, they may be entitled to personal injury damages. Damages are meant to make an injured person “whole again,” which means to return them as close as possible to their state before the accident. Compensation can help a person who has been injured cope with their recovery and resume a normal day-to-day life again. Damages must be assessed based on a variety of factors and considerations.
Types of Claims in a Personal Injury Case
Assessment of personal injury damages is determined by many factors. This includes the type of claims being made in the personal injury case. There are several types of monetary claims that someone who has been injured can make:
- Monetary Loss Claims: Claims can be made for monetary losses due to medical bills, loss of income, property damage, and other expenses that result from the accident/injury.
- Non-Monetary Loss Claims: Compensation can be awarded for non-monetary losses, such as pain and suffering or the emotional trauma experienced due to the injury.
- Punitive Damages Claims: These damages do not compensate the injured person for any losses, but rather punish the perpetrator for their actions.
- Family Member Claims: When a person is injured, family members can also make claims for damages. These damages can cover their medical expenses, loss of income, funeral expenses, and travel expenses, as well as compensate them for time/money spent caring for their injured relative.
Guidelines for the Assessment of General Damages in Personal Injuries
Assessment of general damages in personal injury cases depends on a variety of factors. In general, damages are difficult to assess immediately after an injury, as the extent of the injury may not be known and many of the costs (medical expenses, loss of income) have not yet been incurred. However, there can be deadlines for filing a personal injury claim. Once an injury has occurred, the victim should contact a personal injury lawyer who can help them assess their damages and determine the appropriate time to file a claim.
Certain types of damages are easier to quantify, such as monetary losses, including medical expenses. However, other types of damages, such as for pain and suffering, are much more difficult to put a dollar figure on. A variety of factors must be considered in assessing damages for these types of claims.
Many personal injury cases can be settled without ever proceeding to court. In these cases, both parties come to an agreement on the amount of damages. This is in the victim’s best interest. If no agreement can be made, then the claim proceeds to trial.
Factors to Consider When Assessing Damages
There are a variety of factors that must be considered for the assessment of damages for personal injury and death. The type of injury that has occurred, the severity of the injury, and the impact the injury has on a person’s day-to-day life are all factors that must be taken into account. While some of these factors are difficult to quantify, personal injury lawyers have experience dealing with the law and can determine the right assessments that are likely to lead to a settlement or successful case. Flawed assessments can lead to failed settlements and claims.
To determine how to calculate damages in a personal injury case, a lawyer will look at medical information from healthcare providers, bills and receipts from their clients, and insurance policies. The more information a personal injury lawyer has to work with, the more likely they can reach a successful settlement.
When claiming damages for personal injury, a lawyer will typically seek a settlement for their client. This is beneficial, as the client is guaranteed to receive damages and does not have to go through a lengthy or extensive trial.
Choosing a personal injury lawyer? Taverniti | Vashishth LLP handles personal injury claims ranging from dog bites, car and road accidents, slips and falls, and catastrophic claims. We are equipped to handle the most complex legal and insurance issues arising from your accident. To arrange a free consultation with one of our lawyers, call (905)-264-8686 or visit our web site.